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Immigration Act 2009

Miscellaneous provisions - Responsibilities of certain operators of airports and ports

385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

You could also call this:

“Airport and port operators must provide necessary facilities for immigration tasks”

If you operate an airport or port that has been specially chosen, you need to provide and take care of certain things. These include operating areas, places for people to stay, facilities, buildings, equipment, and storage. You need to provide whatever the chief executive says is reasonably necessary for carrying out immigration tasks. These tasks involve people coming into and leaving New Zealand.

You can charge the Department a fair amount for providing these things. However, you can’t charge for any area used to process people arriving in or leaving New Zealand. This includes areas used to make sure a person gets on the first available transport leaving New Zealand.

These rules apply even if the Airport Authorities Act 1966 says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441205.

Topics:
Immigration and citizenship > Border control
Transport and travel > Air travel
Transport and travel > Boating
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Part 11 Miscellaneous provisions
Responsibilities of certain operators of airports and ports

385Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

  1. The operator of an airport or a port that is subject to a designation under section 382 must provide and maintain the operating areas, accommodation, facilities, buildings, equipment, and storage in the airport or port as the chief executive determines is reasonably necessary and suitable for carrying out immigration functions in relation to people arriving in and departing from New Zealand.

  2. The operator of the airport or port may impose a reasonable charge or charges on the Department for providing the operating areas, accommodation, facilities, buildings, equipment, and storage required by the chief executive under subsection (1), but no charge may be imposed on the Department in respect of any operating area used for the processing of persons arriving in or departing from New Zealand (including any area used for the purposes of ensuring that a person is placed on the first available craft leaving New Zealand).

  3. Subsection (2) applies despite anything to the contrary in the Airport Authorities Act 1966.

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